Chiltern Hundreds
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Appointment to the office of Crown Steward and Bailiff of the three Chiltern Hundreds of Stoke, Desborough and Burnham is a sinecure appointment which is used as a device allowing a Member of the United Kingdom Parliament (MP) to resign his or her seat.[1] Another such office is that of Steward of the Manor of Northstead.
A hundred is a traditional division of an English county, and the three hundreds of Stoke, Desborough, and Burnham are in Buckinghamshire. These three hundreds are situated in the hilly, wooded Chiltern Hills, which were once notorious as a hiding place for robbers.
The hundreds have been Crown property since at least the 13th century and a Crown Steward and Bailiff was appointed to maintain law and order in the area. As the area became more civilised, the position's duties ceased to be required in the 16th century, and the holder ceased to gain any benefits during the 17th century.
The position of Crown Steward and Bailiff of the Chiltern Hundreds is now used as a procedural device to effect resignation from the House of Commons, as British MPs are not permitted simply to resign their seat. This legal anomaly dates back to a resolution of the House of Commons of 2 March 1623, passed at a time when MPs were often elected to serve against their will.
As an instrument of resignation, the role is usually alternated[1] with that of Steward and Deputy Steward of the Manor of Northstead in Yorkshire. Under the Act of Settlement, any Member of Parliament accepting an office of profit under the Crown must give up his or her seat. An MP applies for the office to the Chancellor of the Exchequer, who usually then signs a warrant appointing the now former MP. The Chancellor can in theory deny an application, although the last time this happened was to Viscount Chelsea in 1842.[2] The appointee holds the office until such time as another MP is appointed, or they apply to be released.
The position is currently vacant. The last Crown Steward and Bailiff was David Davis, but he was released from the post by the Chancellor immediately after his appointment in order to fight the by-election he had triggered—he would have been ineligible to resume his seat whilst still holding his "office of profit" (supposing that he won the by-election).[3]
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[edit] Example order
Ordered,[4]
- That Mr. Speaker do issue his Warrant for the Clerk of the Crown to make out a new writ for the electing of a Member to serve in this present parliament for the County Constituency of Haltemprice and Howden in the room of the Right Honourable David Michael Davis, who since his election for the said County Constituency has accepted the Office of Steward or Bailiff of Her Majesty's Three Chiltern Hundreds of Stoke, Desborough and Burnham in the County of Buckingham.— [Mr. McLoughlin.]
[edit] References
- ^ a b "The Chiltern Hundreds". House of Commons Information Office. 2008-06-01. http://www.parliament.uk/documents/upload/P11.pdf. Retrieved on 2008-06-12.
- ^ See the parliamentary Annual Register 1842 (Google Books)
- ^ Press: 2008-63
- ^ Hansard: 19 Jun 2008, Column 1061, House of Commons, Thursday 19 June 2008, The House met at half-past Ten o'clock. Example order for the application of David Michael Davis.
[edit] Other links
Glossary - Parliamentary Jargon Explained Chiltern Hundreds (and the Manor of Northstead)
